Tenants in Common

[Harley]

I hope someone can help with this. My friends Mother divorced 20 years ago and as part of the settlement got to keep the family house. She then remarried and bought a new house with her new husband as Tenants in Common with a 50/50 split. This was done to protect her share of the house ( for the children to inherit) as he had no money and took out a mortgage for his half.The house has now been paid off.

She has died and the second husband is refusing to sell. Also the property needs money spending on it.

Can he be forced to sell?

Who is responsible for the repairs?

Should he pay rent to the other half owner?

Thanks

[butter1]

What a horrible thing to have happened for the children.  I am no solicitor but I am assuming that as the property is 50/50 and it is written in the inheritance that the money is to be left to the children, the second husband should sell??  I hope everything works out ok, and you get some good answers from this post.

[Hammer]

Am I the only one thinking he has the right to stay in his home without having to sell?

[Harley]

To answer my own question.Please do not think he is being pressured to sell, he has made a firm statement that he is not selling. I am trying to establish what my friends rights are and not taking a moral stance.He would not be put out of his home just for money but he may remarry, he is much younger than his deceased wife and has said as much.

[josieann]

if you are tenants in common then the house is owened as a fifty fifty split unless different percentage is shown on the deeds.  if your friends mother left a will and left her share of the house to him then yes he can be made to sell through the courts. if she didnt then it would go through intestacy ie he might inheret her share,  if your friend owns the other half then yes he can ask for rent and also both would be liable for repairs.  my case is similar to do with tenants in common and i am saying what a solisitor told me.  if i was your friend i would seek legal help quickly because if he did get married and then divorced his new partner would have a right also.  your friend should send for a copy of the deeds just to clarify that he does infact own half these can be obtained at the local land registry and only costs a nominal fee to get a copy of you, doesnt matter if your name is on the deeds or not.   good luck i know just exactly how he/she feels  

[Harley]

In a Pickle and Josieann are giving opposing answers.Which is correct?

[zmudge]

josieann is right:-
(1) any TIC member can apply to a Court stating basically that the members fail to agree upon how the property should be managed and seeking an Order for the property to be sold and the proceeds divided according to the shares. It cannot be successfully opposed and an Order is always granted
(2) any TIC member can carry out necessary repairs but cannot recover the costs immediately from the other members. The costs are usually recovered by taking a lien on the property and being paid when the property is sold
(3) where occupation is ceded to one member of a TIC to live alone the charging of rent is a difficult thing and is usually forgotten. However, if the member brings other(s) to live there as well then rent is payable and is usually pursued.